Explanatory Notes

Nationality, Immigration and Asylum Act 2002

2002 CHAPTER 41

7 November 2002

Commentary on Sections

Part 5: Immigration and Asylum Appeals

Appeal to adjudicator

Section 83: Appeal: asylum claim

222.Section 83 gives a right of appeal to an adjudicator on asylum grounds only (see section 84(3)) when an asylum claimant is refused asylum but granted leave to enter or remain for more than a year. If periods of less than 12 months are given, the right of appeal arises when an aggregate of 12 months leave has been given since the decision to refuse asylum was taken. There is no right of appeal under section 82 for a person in this position and the purpose of this provision is to provide a specific single-issue asylum appeal.